shortly. (i) the chair has called the meeting to order. please turn off your electronic devices as it interferes with the recording equipment. can we rise for the pledge of allegiance please. >> i pledge allegiance to the flag of the united states of america, and to the republic for which it stands, one nation, under god, indivisible, with liberty and justice for all. >> i'd like to call roll.

president mazzucco, present. >> commissioner dejesus, present. >> commissioner chan, present. >> commissioner kingsley, present. >> commissioner tur march, present. >> commissioner loftus, present. with us is deputy biel and the office of occ. >> thank you. ladies and gentlemen, welcome to the wednesday, january 9, 2013, san francisco police commission meeting. you will hear later the chief will be with us soon. he is currently attending a juvenile justice commission meeting down the hall. so he is in the building. tonight is our first meeting of 2013. before we move into the meeting we're going to have a presentation of certificates of appreciation for some really incredible work done by both civilian and two of our san francisco police officers. i see family members here. so we're going to do that. but before i do that, before he

gets here, i want to make an announcement, something i'm proud of. our own dr. marshall, who is the president of the mega boys club and is on our commission will have to leave early to catch a flight tomorrow. he's been summoned to the white house to be part of a panel dealing with gun violence. he just found out about that. so if he's a little late, he's working on the arrangements. that's an incredible honor for one of our police commissioners. he ran a gun buy back program and we had a great conversation today about gun violence. he will share those thoughts with the vice president. so we're very honored and proud. when he gets here, a little round of applause. without further ado, call line item 1. >> the clerk: presentation of certificates of appreciation, action. mr. halloway, and officers matthew cloud and stephen

gritsch. >> thank you, mr. president, commissioners, chief biel, mr. hicks, happy new year. tonight, i'm not going to be wearing my poa hat outside of congratulating two of our members who will receive an award later on. i'm wearing my arson task force hat. i'm assigned to the arson task force for the san francisco police department and i will give you a synopsis on what occurred september 12, 2012. there was an incident at 1390 market street at the atm of the redwood credit union which is associated with the fox plaza building which is mostly commercial and residential above that. a suspect approached the atm, he bawled up some combustible materials and lit it on fire and then took that small fire that he had in his hands and put it in the waste paper receptacle of

the atm. now this is a very serious incident that could have escalated to proportions of large fires here in the city. there was an individual that was there, a mr. tommy halloway who is with us. mr. halloway, if you would like to step up so the commissioners can see you. mr. halloway approached this individual, attempting to get this individual to cease and desist. the individual became aggressive and mr. halloway did the right thing at that point. he backed off, protected himself, but remained at the scene and became an excellent witness. so he provided a statement to the uniformed officers that responded. mr. halloway went above and beyond what a normal witness would do. not knowing mr. halloway had extensive history in graphic design and sketch, he went home and without prompting from any officer, he provided both a

black and white sketch and a colored sketch of the suspect. in the meantime, i was able to put out a crime alert notification to the members of the san francisco police department, and i will show you this now. this is the bulletin that went out to all members of the sfpd. and within two days mr. halloway presented these sketches to me, and then, after looking at the sketches, and putting that information out, this suspect was soon taken into custody. so the bulletin, and then the sketches, that mr. halloway provided, are certainly of a professional manner. this led to the arrest of this individual. this individual was held to answer during a preliminary hearing, and he's currently in custody, seeking mental help by order of the court. so i want to recognize mr. halloway for his good work,

and also knowing when to back off, becoming a good witness, a normal citizen would do. have a plaque from the commission or the chief's office. >> chiefs office. >> yes, we do. hold on a second. >> from the san francisco police department-n deepest gratitude for your performance of outstanding bravery in service to others at great personal risk such an example of bravery is worthy of the highest esteem by the san francisco police department we give you this, our certificate of appreciation. thank you, sir. >> thank you. >> [applause.] >> mr. halloway, would you like to say something? >> i'm certainly honored, humbled, i should say.

i was just doing what i thought was right. >> president mazzucco: we're honored and humbled by what you did. the actions you took were incredible. it shows your concern for the the community. it shows -- when you did the sketch it was incredible. i read about it earlier. that was remarkable. you used your talents and skills to keep a an arist off the stre. i notice a notre dame sweatshirt. is that a family member? >> this one? we're very good friends. >> president mazzucco: congratulations. if you need an excuse tell them why -- congratulations. in between presentations, dr. marshall just walked in. as i explained to you earlier without him here, because he wouldn't want me to do it,

dr. marshall is on his way to the white house tomorrow to discuss gun violence. so given him a round of applau applause. >> [applause.] >> president mazzucco: please call the next item, which is the presentation certificates of appreciation from the police commission for officers matthew cloud and stephen gritsch. please come forward. >> if i could say, president, i know there's little people who i'm sure i hear outside sort of, but i want to make it clear to everybody and their families that we're here to honor you, and that includes, if your kids are up for it and maybe they're a little loud, it's fine with me. i look at my colleagues and on the chance that they'll get a chance to see what we have to say about you guys remember it's probably worth it!3nnr.

>> president mazzucco: are the cloud boys in here? please come forward, officers. come to the podium. ladies and gentlemen in the audience and family members and those watching on television, it's a very special event. this is a police commission certificate and merit of appreciation. both these officers will and have been nominated for life-saving awards. but it's very special this incident. i know that both myself, commissioner loftus attended the initial press conference of bayview station honoring these officers for what they did on the evening of december 12, 2012. we hear a lot of bad things happening in this world but in that press conference there wasn't a dry eye in the house. these two fine young officers, and they are san francisco's finest, received a call early in

the morning of december 12, 2012, that there was a woman in the middle of the street, in one of the worst intersections in bayview point, bleeding. they arrived at the scene, not the woman, walked up to them and handed them a sweatshirt and in that sweatshirt was a five pound baby. that baby was not breathing. he was blue. officer grich, who is a former paramedic from smoam and officer cloud, his partner, were out in pouring rain. they called for an ambulance and there were none nearby. they spoke with dispatch and the the closest ambulance was already at san francisco general hospital. at this press conference, one of the officers said they weren't rainy night in bayview hunters point. officer gritsch took the baby to the muni proprietor line third street line under cover where there was light and began cpr on

the baby. when they realized there were no ambulances the officers took the baby to san francisco general hospital on their own and officer cloud drove with code three red light and siren while officer grirch]vjqjñ worked on e baby in the car. we heard officer gritsch was begging the baby to leave and not leave him. officer cloud, the deal was they were going to drive until they met with an ambulance and didn't. they made it all the way to san francisco general with baby nash and officer gritsch put him on the table and he started to move. it was not just a christmas story but a story of heroism of what our two officers did for our community. i have to tell you again, they made quick decisions, they put this baby's life ahead of their lives, and they rescued him. and a little side note and a funny note, they went to visit the baby in the hospital, and

security wouldn't let them in because it was the wrong time. they work mid-nights and couldn't see the baby. but i have to tell you, what you did here, your families should be proud. i told your two sons outside, officer cloud, they're here tonight because their dad's a hero and your family should know the same, officer grirch. on behalf of the police commission thank you from the bottom of my heart and the entire police commission for your service and what you did that night. you guys are truly heroes. thank you. >> [applause.] >> thank you very much.

>> thank you. >> you're first. >> first off, thank you to the commission, in being so courteous to my family. the young boys, it's dinner time so they're a little excited right now. kind of -- up a little bit. so thank you for the kind words. you know, we do the press conference and talked about it once and it's still kind of hard to talk about but we're appreciative of being here and honoring us. i don't think we did anything that any of our other coworkers wouldn't have done but we were the first that could pull off the tank. we work with a great set of coworkers that we get a lot of support from them. i can say for myself i have a great wife and great family that, when we talked about it separately away from the press, that when i saw the baby in his arms i saw my two boys and that was when i knew this wasn't going to happen, we weren't

going to stand by. so i'm thankful for my family and all the support, our supervisors, the captain, chiefs and lee tenants for making sure we got the help after wards. this is something that will go up on the wall and i'll walk by every day. so thank you very much. >> thank you very much. >> i'd like to explain, we just happened to be there first. if it was two other -- they also. work with out there in bayview. i mean it was all just in chance i guess that itjp wound up as . but there's a whole group of people out there who care, and who would have handled it, you know, probably the same way. so but thank you. >> president mazzucco: thank you. commissioner loftus. >> i met you out at the station and took a picture of you on my

iphone like you are on the cover of "us" weekly. i told you guys already i can't say anything more than president mazzucco said but you are leaders of this department, there's no question you're young officers but i would ask you, sometimes here we do police discipline which we're not going to talk about right now but we also -- sometimes i'll say to an officer we're going to watch you based on some choices they've made but i would say in your case, based on the extraordinary leadership that you've showed i hope you have a long safe successful careers because you both are extraordinary people and you did an extraordinary thing. so i wish you a very long wonderful career. and specifically, to your families who are here, i know they make profound sacrifices and i'm sure there's a lot of scary nights. while you guys are here and your sons, thank you, i know president mazzucco thanked but

we are mindful of the sacrifices that you make. thank you so much for you what do to make it possible for them. so congratulations to all of you. it's a wonderful reason to be here tonight. i see captain o'sullivan beaming and jack hart beaming with that thank you for being supportive of them. there will be tough days ahead to process a tough night but you have a great team behind you. >> president mazzucco: commissioner dejesus. >> commissioner dejesus: i wanted to thank you. other officers could have did it but you did it. you have the paramedic experience and it was meant to be. 12-12-12 will always be special to you and that baby. so thank you very much. >> president mazzucco: dr. marshall. >> vice president marshall: obviously echoing everybody else, i mean let me just say the thing that bothers me i hear from people about the police, the police. there are individual officers

who make up the department. and you know, there are times when some of them, for whatever reasons, do different things. but when you do good things, you've go the to be lauded, you've got to be showcased, you've got to let folks know this image that you have -- that's why we do this. this is the highest honor you can do. you save somebody's life and you have to let folks know. especially in that community, this is wonderful. thank you, thank you. everybody out there that's not the police, don't lump them all in the same category. thank you. >> president mazzucco: thank you, dr. marshall. anything further? chief. >> i just want to say first of all that i know, on behalf of the chief and the entire command staff we are so proud of both of you. i personally am very proud. i served five years in the bayview. i'm always proud to say i'm a

pore tero bayview guy. what you did embodies and exemplifies everything that we want in our officers. just keep up the great work, keep up a positive attitude and look for it -- i look forward to following your career long after mine is completed. so keep up the good work, guys. thank you. >> thank you. >> president mazzucco: thanks very much, officers. like i said when somebody asked me about what you were doing that night, you were doing the lord's work. thank you very much and god >> [applause.] >> president mazzucco: i have to ask for public comment. any public comment regarding these matters? hearing none, public comment is now closed. thank you very much. please call line item 2, the content calendar. >> receive and file action, police commission report of disciplinary actions fourth quarter, 2012.

>> president mazzucco: commissioners, you have in your packet the report regarding disciplinary actions for the fourth quarter of 2012. the good news is, commissioners, the number of our cases are down significantly. and so i take a look at it. is there any corrections or anything you'd like to add? >> well this is the same -- longevity we have here, it's fabulous. and i credit -- always credit the commission, credit the chief, the fact that we're at this -- can i say all time low when it comes to disciplinary cases. that's wonderful. that's great. >> i remember when there were 70 or 80. 77. so this is great. i think this is an indication of how things are going under this commission and under this chief. so we're going to keep it going. and the president.

>> president mazzucco: any public comment regarding this before i have a motion? hearing none, public comment is now closed. do i have a motion with reference to the consent calendar, line item 1? >> moved. >> second. >> president mazzucco: all in favor? >> ayes pnchedz thank you very much. line item 3, general public comment. >> line item 3, general public comment. the public is now welcome to address the commission regarding items that do not appear on tonight's agenda but are within the subject matter jurisdiction of the commission. speakers shall address their remarks to the commission as a whole and not individual commissioners or department or occ personnel. under police commission rules of order during public comment neither police or occ personnel questions presented by the public. but may provide a brief response. individual commissioners and police and occ personnel should refrain however from entering into any debates or discussion with speakers during public comment.

please limit your comments to three minutes. >> president mazzucco: public comment, folks. >> commissioners, ray hartz, san francisco government. happy new year. thank you. in december, the sunshine ordinance task force found the san francisco police department in particular, chief gregg sir against whom the complaint was specifically filed in violation of section 67.25(a) of the sunshine ordinance. in my experience in interacting with the sfpd legal division i can make one of two assumptions division personnel are unfamiliar with requirements of open government laws or they just don't feel a need to comply with those laws. i particularly want to thank chief sir for sending sergeant goss of the legal division to a public hearing. he exhibited the same attitude toward task force members as in interactions with me.

several members of the task force indicated feelings that the legal division needed a quote attitudinalw;( iñ adjustmt unquote relating to their policies in responding to public records. sgt. goss got up and tried to lecture the sunshine ordinance task force about what the sunshine ordinance means. tried to tell them that he will decide what is an appropriate use of an immediate disclose request or a public records request, and no matter what they have to say, he doesn't feel they have any right to say that the department is -- has a problem with this. they then had a very extensive discussion where several of the members said that this has gone on for years where public records requests made to the police department are almost impossible to carry out and have answered according to the law. in fact, one of the questions they asked sgt. goss who is in

the legal division is if a citizen wants to make a public records request and want to do it by e-mail what e-mail address do they send that request to. he could not answer that question. so what we're talking about is a law that has been in place for a dozen years, and you can't even available. found with sgt. goss. i asked him, i said what is the e-mail address where i can send this immediate disclosure request to. and he said i don't know. and i spent two days, and finally got lt. , now captain falvey to send me an answer to give me that address. i think it's really irresponsible that that situation exists. one other thing i'm going to mention is it is my intention to file a complaint with occ next week against police inspector miranda for false statements

regarding existence of certain public records. ordinarily i would consider this a lost case but he repeated this to a deputy city attorney. >> president mazzucco: any further public comment in hearing none, public comment is now closed. please call item 4. reports and announcements. chief's report discussion, review of recent activities. >> president mazzucco: good evening, chief. >> good evening, commissioners, director and public. i'd like to start this report by giving you the end of year stats for 2012. in violent crimes, at the end of 2012 we had 6,863 that were reported, which kept us basically flat as compared to 2011. we were about 1% increase or close to flat. on the property crime side there were 38,889 reports of property crimes in san francisco, which marks a 12% increase in property

crimes. in our shootings -- shooting victims in san francisco, we were actually down 4% in shooting victims in san francisco. so that was the end of year overview of what we had in 2012. i'd like to continue by giving you a little chronological of beginning with the new year's eve celebration. as you know, on new year's eve in san francisco it was a beautiful night. we hosted hundreds of thousands of people that use our city that came into our city to celebrate to bring in the new year. in doing so, besides just a large fireworks display in the embarcadero there were different large celebrations including in the central strict, and northern and southern districts. on new year's eve we made two arrests, one misdemeanor arrests and six arrests for intoxication which the subjects were actually

released when they were sober. also in the central district at 155 jefferson at possibly 10:30 there was a victim in front of mcdonald's, heard gunshots, saw people running and realized that he had been shot in the hand. this victim was 15 years old. at approximately 11:20e=( 2e the evening in front of 950 embarcadero, 11-year-old was walking down the embarcadero, had a bloody nose, stopped with his father to get a tissue, heard three gunshots, felt pain in his right foot. a 20-year-old was waiting in line to pier 23, at this same time heard the three shots. one victim, 11-year-old was shot in the foot and the other 28-year-old victim was shot in the hip. we also had a stabbing in central at pier 39. the victim was sitting in front of the aquarium, observed the suspect urine assetting and a -- urinating and a fight ensued.

there was a victim in front of the hyatt hotel using an iphone and was robbed of that phone, pushed to the ground and wallet stolen. there was one assault with deadly weapon and three arrests for public intoxication. in southern district there was knife. there was a position of a pellet gun, 10 release on sober intoxication, one liquor store in front of 15 drum street for license issues. tenderloin district a tourist in front of park 55 hotel, an assault, was robbed, and arrest was made in that case, and that concluded our new year's eve report. on new year's day, unfortunately, 3:00 in the morning we had a homicide at third and ingerson. victim walking northbound on

third street was involved in altercation with another male. the victim was stabbed numerous times. our officers responded. the victim was taken sfgh where he succumbed to injuries and died. also on new year's day i think -- many of us may have heard of this incident, but early that morning, about 8:00 in theñ9jp morning the suspect s seen in the area of valencia gardens at 15th and valencia. he had confronted three victims over there. he fired one shot from about 15 feet away, did not hit any of the victims. on another pass he confronted another group of people. he displayed a weapon. people ran. there were no shots fired. however, there are numerous witnesses to this incident. his vehicle description was given out, a license plate given. 15 minutes later one of our solo motorcycle officers saw the car

at around the intersection of 21st and mission. a filming traffic stop made, call for backup, two other police units arrived. when they attempted to exit their vehicles in order to make the arrest the suspect took off in his car, was traveling eastbound on 21st, when he came to south van ness, he struck an innocent vehicle going southbound on vance. vance -- van ness. the vehicle was struck violently into a building, the 29-year-old passenger was killed. her 18-year-old nephew was the driver. he was in critical condition. as of today he's in stable but serious condition but will not be leaving the hospital any time soon. a 26-year-old pedestrian walking by going into the store was also killed by the vehicle when it